On Friday, a federal judge in Oregon determined that a new state gun regulation did not conflict with the US Constitution, maintaining one of the strictest gun prohibitions in the US.
Ballot Measure 114’s prohibitions on large-capacity magazines that may carry more than 10 rounds were upheld by US District Court Judge Karin Immergut because they are “not commonly used for self-defense, and are therefore not protected by the Second Amendment.”
“Even if LCMs are protected by the Second Amendment, BM 114’s restrictions are consistent with this Nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety,” the decision stated.
The measure makes background checks stricter and forbids the sale and transfer of ammunition magazines that can store more than 10 rounds. The “Charleston Loophole,” which permits gun sales to proceed automatically after three days even if a background check has not been finished, is also closed. Before a firearms sale or transfer takes place, state police must run background checks on each person.
CNN confirms the news on its official Twitter account:
A federal judge in Oregon ruled on Friday that a new state gun law does not violate the US Constitution, keeping one of the toughest gun laws in the country in place. https://t.co/5MomNyXk7H
— CNN (@CNN) July 17, 2023
The law has been challenged in court numerous times since it was passed in November, and the NRA’s legislative action arm has criticized it as “the nation’s most extreme gun control Initiative.”
However, Immergut’s decision holds that even while the US Constitution’s list of “bearable arms” is covered by the Second Amendment, large-capacity magazines constitute a “subset of magazines” and are not, thus, a bearable arm.
“Magazines are an accessory to firearms, rather than a specific type of firearm,” Immergut said. “At the time of the Second Amendment’s ratification through to the late nineteenth century, firearm accessories like cartridge boxes – which held ammunition but, unlike modern magazines, did not feed the ammunition into firearms – were not considered ‘arms’ but instead were considered ‘accouterments,’” the ruling said.
The law is one of many gun control measures that were approved in 2022, the second-highest year for mass shootings in American history.
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